tag:blogger.com,1999:blog-34853720.post5743697750269646290..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Is it a conflict for an accused to be represented by a part-time DC/part-time TC?Dwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-34853720.post-8492562092814816022007-11-20T20:54:00.000-05:002007-11-20T20:54:00.000-05:00It not only seems like a bad idea to have counsel ...It not only seems like a bad idea to have counsel performing TC and DC duties at the same time, but walks an ethical tightrope. <BR/><BR/>It certainly could reinforce the inaccurate perception of many servicemembers that their MDC is "in the pocket" of the CA or TC. [Accordingly, I guess I should be grateful, because that is what often brings the individual to my civilian office]. Perhaps we should gratefully call this the "full employment for civilian counsel" case.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-8067296004584530152007-11-20T20:33:00.000-05:002007-11-20T20:33:00.000-05:00Allowing that I don't have access to the record, I...Allowing that I don't have access to the record, I will say that the NMCCA's legal analysis seems eminently reasonable to me. I could imagine a situation where part-time TC/DC creates a real issue, particularly in the UCI context (imagine a command where two lawyers flip flop between TC and DC, and the better lawyer is always made the TC on the more important cases).<BR/><BR/>All that said, it seems like a really really bad idea to have counsel performing TC and DC duties at the same time. Could I imagine a situation where the DC acting as an ATCD under the TC in a different case could cause a conflict issue? Probably so, but if the NMCCA is right that the civilian counsel was the lead DC and the defense provided was vigorous, I can't say that I would see a legal issue, just a really bad idea dfrom an appearances standpoint.<BR/><BR/>Of course, this is what happened on "JAG" every week, with an authority no less than the Navy JAG picking the TC and DC from the same pool of lawyers every week. And this seems awfully close to the system advocated by Sandra Day O'Connor (no relation) for federal criminal trials.John O'Connorhttps://www.blogger.com/profile/08014476389355562158noreply@blogger.com